Children with cerebral palsy sued a hospital in Shanghai for medical malpractice compensation. Brief introduction to the case: The mother of the plaintiff Zhang was admitted to the hospital in the emergency on October 4, 2006 (twins were about to give birth). At 3:45 in the morning, the doctor informed her that the B-ultrasound examination showed After the fetal heart rate and fetal movements were not abnormal, he was placed in the delivery area of ??the delivery room. However, the plaintiff's fetal membranes ruptured prematurely and the amniotic fluid leaked out for more than 6 hours. The defendant (hospital) did not take any specific treatment or examination measures. The plaintiff was born at 9:30 a.m. on the same day. The doctor informed him that the plaintiff was suffering from severe hypoxia. He was discharged from the hospital with some changes after being rescued in an incubator in the pediatric ward. However, in 2008, the plaintiff was diagnosed with cerebral palsy. After the case was transferred, we learned that the plaintiff’s condition was caused by the defendant. In March 2009, the plaintiff sued the defendant, a Shanghai hospital, to the Yangpu District People's Court of Shanghai, requesting the court to order the defendant to bear liability for compensation for this medical malpractice. Case Analysis As the attorney for the plaintiff in this case, after accepting the entrustment, we carefully listened to the statements of the parties, conducted investigations and evidence collection, analyzed the main legal facts and evidence of the case from the perspective of professional knowledge, and made corresponding plans. The main disputes in this case are: 1. Whether the statute of limitations has expired. The defendant proposed that this case has exceeded the statute of limitations. We believe that the defendant has a misunderstanding of this legal concept and application. According to relevant legal provisions such as the "General Principles of Civil Law" and "Opinions", the lawsuit The limitation period is calculated from the time when the right holder knows or should have known that the right has been infringed, that is, when the right holder is able to exercise the request. Article 168 of the "Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of Civil Law" stipulates. The statute of limitations for personal injury compensation shall be calculated from the date of injury if the injury is obvious; if the injury was not discovered at the time but is later diagnosed and proven to be caused by an infringement, the statute of limitations shall be calculated from the date of diagnosis of the injury. Therefore, the statute of limitations in this case shall begin to run from February 2009, when the case was transferred to the defendant and the illness was determined to be caused by the defendant. 2. Whether the defendant committed medical negligence. The defendant has always held a negative attitude as to whether the plaintiff's birth process constituted a medical malpractice. During the trial, we applied to the court to entrust a judicial appraisal. The Shanghai Yangpu District People's Court entrusted the Shanghai Hongkou District Medical Association to examine whether the defendant's medical behavior towards the plaintiff violated medical and health management laws, administrative regulations, departmental rules and diagnosis and nursing standards and routines. ; Whether there is a causal relationship between his medical behavior and the current situation and whether the case in this case constitutes a medical malpractice. The defendant evaluated whether there was any fault in the plaintiff's diagnosis and treatment. The Shanghai Hongkou District Medical Association concluded that it did not constitute a medical malpractice. Facing such an appraisal conclusion is undoubtedly a painful blow. In order to obtain compensation in this case, this appraisal conclusion is the key. Both the lawyer and the plaintiff are not convinced by this appraisal conclusion. We reapplied for appraisal, and the People's Court of Yangpu District, Shanghai accepted the application and entrusted the Shanghai Medical Association to examine whether the defendant's medical behavior toward the plaintiff violated medical and health management laws, administrative regulations, departmental rules, and diagnostic and nursing norms and routines; its medical behavior Whether there is a causal relationship with the current situation and whether the case in this case constitutes a medical malpractice, the defendant evaluated whether there was any fault in the plaintiff's diagnosis and treatment. The identification conclusion was: the medical dispute between the plaintiff and the defendant constituted a medical malpractice. According to Articles 2 and 4 of the "Regulations on the Handling of Medical Accidents", Article 36 of the "Grading Standards for Medical Accidents" (Trial) and "Interim Measures for Technical Appraisal of Medical Accidents", this case constitutes a Class II B medical accident, and the doctor Take primary responsibility. Judgment Conclusion In a case involving a medical malpractice compensation dispute between the plaintiff and the defendant in a Shanghai hospital, the Yangpu District People's Court found that the facts of the case were clear and the evidence was sufficient, supporting all of our plaintiff's claims. The judgment is as follows: 1. The defendant shall take effect as of this judgment The defendant shall compensate the plaintiff for medical expenses of RMB 5,090.40 within ten days from the date of this judgment; 2. The defendant shall compensate the plaintiff for hospitalization food subsidy of RMB 280 within ten days from the date of this judgment; 3. The defendant shall compensate the plaintiff within ten days from the date of this judgment. The plaintiff’s hospital care expenses are RMB 1,515.50; 4. The defendant shall compensate the plaintiff for nursing expenses of RMB 201,600 within ten days from the date of this judgment taking effect; 5. The defendant shall compensate the plaintiff for disability equipment expenses of RMB 280 within ten days from the date of this judgment. ; 6. The defendant shall compensate the plaintiff for transportation expenses of RMB 210 within ten days from the date of entry into force of this judgment; 7. The defendant shall compensate the plaintiff for mental damage consolation of RMB 24,441.48 within ten days from the date of entry into force of this judgment; 8. The defendant The defendant shall compensate the plaintiff for disability living allowance of RMB 244,414.80 within ten days from the effective date of this judgment; 9. The defendant shall compensate the plaintiff for legal fees of RMB 3,500 within ten days from the effective date of this judgment. Legal basis 1. "Regulations on the Handling of Medical Accidents" Article 50 Compensation for medical accidents shall be calculated according to the following items and standards: (1) Medical expenses: The medical expenses incurred for treatment shall be calculated based on the personal damage caused by the medical accident to the patient. Payment, but not including primary medical expenses. If you really need to continue treatment after the case is closed, you will be paid according to the basic medical expenses. (2) Lost work allowance: If the patient has a fixed income, the calculation shall be based on the fixed income reduced due to missed work. If the income is more than 3 times the average annual salary of employees in the place where the medical accident occurred in the previous year, the calculation shall be based on 3 times; if there is no fixed income , calculated based on the average annual salary of employees in the year where the medical accident occurred.

(3) Hospitalization food subsidy: calculated according to the business trip food subsidy standard for general staff of state agencies where the medical accident occurs. (4) Accompanying fee: If the patient requires a special person to accompany him during hospitalization, it will be calculated based on the average annual salary of employees in the year where the medical accident occurred. (5) Disability living allowance: Based on the level of disability and calculated based on the average annual living expenses of residents in the place where the medical accident occurred, the maximum compensation period is 30 years from the month of disability; however, for those over 60 years old, it shall not exceed 15 years; for those who are 70 years old For the above, it shall not exceed 5 years. (6) Disability equipment fee: If a device with compensating functions is required due to disability, the cost of the universal device shall be calculated based on the certificate from a medical institution. (7) Funeral expenses: Calculated according to the funeral expense subsidy standards stipulated in the place where the medical accident occurred. (8) Living expenses of dependents: limited to those who were actually supported by the deceased or the disabled person before they lost their ability to work and who have no ability to work, and calculated according to the minimum living security standard for residents in the place of their registered residence or place of residence. For those under the age of 16, they will be supported until they reach the age of 16. For those who are over 16 years old but unable to work, they will be supported for 20 years; however, for those over 60 years old, it will not exceed 15 years; for those over 70 years old, it will not exceed 5 years. (9) Transportation expenses: Calculated based on the patient’s actual necessary transportation expenses and paid with receipt. (10) Accommodation expenses: Calculated in accordance with the business trip accommodation subsidy standard for general staff of state agencies where the medical accident occurs, and paid upon receipt. (11) Mental damage solatium: calculated based on the average annual living expenses of residents in the place where the medical accident occurred. If the patient's death is caused, the maximum period of compensation shall not exceed 6 years; if the patient is disabled, the maximum period of compensation shall not exceed 3 years. 2. Article 98 of the General Principles of the People's Republic of China and Civil Law: Citizens enjoy the right to life and health. Article 106, Paragraph 2: Citizens or legal persons who infringe upon state or collective property or infringe on other people's property or person due to fault shall bear civil liability. Article 119: If an infringement causes physical injury to a citizen, compensation shall be paid for medical expenses, loss of income due to missed work, living allowances for the disabled, etc.; if death is caused, funeral expenses and necessary support of the deceased's dependents shall also be paid. Living expenses and other expenses.